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HomeMy WebLinkAboutStandard Form of Agreement with MCLERAN WELL DRILLING for City Hall Challenge CreamerySTANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of October lri the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and McLeran Well Drilling, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes line-shaft turbine pump removal from three waters wells at the Challenge Creamery site in downtown Meridian. The Project for which the Work under the Agreement is described as follows: Removal of three line-shaft turbine pumping plants from three ground water wells located at the old Challenger Creamery site in downtown Meridian, Idaho. The pumps will have to be removed through the roof hatches of the old pump rooms of the creamery using acable-tool work-over rig or pump crane. The Contractor may use any means of disassembling the pump columns including torch cutting the columns and shafting. The pump motors will be removed and loaded into a truck but the columns and pumps will be removed from the site by the contractor and scrapped. After the pumping plants Gave been extracted, the Contractor will arrange for a water supply to clear the water columns in the wells for underwater inspection of the inside walls of the wells by Hydro Logic, Inc. who will camera the wells at its earliest convenience after the wells have been cleared. Contractor will cap each well with a welded steel cap any time the well is left unattended. Standard OSHA-approved safety measures will be observed at all times and hard hats are required on site at all times. All materials and workmanship will meet the City of Meridian Standards for Public Works Projects and use good practices according to the local standard of care. The Contractor should become familiar with the site access and working conditions. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Hydro Logic, Inc. will be the Engineer's on-site project manager for scheduling and coordination of the pump removals. Article 3 CONTRACT TIME. The Work will be completed within fifteen (15) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. 10/27/2006 Page OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: 'T'otal Contract Price is Time and Materials but not to exceed $5,000 without prior approval. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department after invoices have been reviewed and approved by Ed Squires of Hydro Logic, Inc. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15'~ day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until fmal completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will beaz interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement -Exhibit "A" (Unit Price Schedule); Exhibit "B" (DESCRIPTION OF WORK). 8.3 Information For Bidders - N/A. 8.4 Drawings - N/A. 8.5 CONTRACTOR's Quote - October 24, 2006 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standazd Specifications and Special Provisions. 10/27/2006 Page 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CON CTOR or by ENGINEER on their behalf. The Agreement will be effective on w , 20 06 Owner CITY OF MERIDIAN By: Name: Mayor De eerd Attest: Name: :~ ,~-PPro/eal~y c~,ti~, Contractor MCLERAN WELL DRILLING, LLC By ~~.~ ~ `~ 2~v Name: David McLeran '~.' s TAO At€est: Cler ~~ ;~ Name: *~ 7 p;~. \~. ,, 10/27/2006 Page 3 ` EXHIBIT "A" MERIDIAN NEW CITY HALL SITE (CHALLENGE CREAMERY) PUMPING PLANT REMOVAL PROJECT UNIT PRICE SCHEDULE BID OPENING DATE: OCTOBER 24.2006 Item Unit Estimated Unit No. Item Description Measure uanti Price 1 Mobilization and Demobilization (~ L.S. 1 1 500 (unit price in words) (numerals) 2 Cable Tool Pump Pull Time (2 man crew) (~ HHR. 18 130 Total Estimated Price: McLQer~an Well Drilling, LLC Total Price $ 1,500 $ 2,340 $ 3,840 EXHIBIT `B" DESCRIPTION OF WORK General requirements for the cable tool cleaning and/or abandonment of the City of Meridian's water supply wells at the old Challenge Creamery site (new City Hall). 1) Mobilization: a. Mobilization includes all travel to and from the well site during the project. b. Mobilization includes delivery/removal of the cable-tool rig and set up over the buildings. c. Mobilization bid item includes delivery/removal of all tools required, fuel, clean up, etc. d. Mobilization bid item includes removal and disposal of the pumping plants from the site. 2) Cable-Tool Rig or Pump Crane Time: a. A cable-tool work over rig or pump crane large enough to set up over a pump house and with a tall enough mast to be able to lean over the building and insert/remove all required tools/ equipment through a roof hatch. b. Includes a minimum of a two-man crew.